Insanity In Delaware Case Study

706 Words3 Pages
The defendant does not meet the standard for legal insanity in Delaware, using the American Legal Institute Test. Although, Howard the defendant, had a mental disorder Bipolar 2, it did not cause impairment at the time of the sexual assault. Mood disorders are relevant to volitional tests, but not to cognitive tests. Since Delaware is under ALI, it has to prove that both the cognitive and volitional prong was passed. Howard sexually assaulted, his ex-coworker out of his own control and sane mindset. Since Howard knew it was criminally wrong, would not pass the statement of “appreciate the wrongfulness”. Within the boundaries of the ALI test, Howard does not meet the legal terms for insanity because he failed to cognitive and volitional prongs.…show more content…
Howard once again did not pass this prong because he was in control of himself and the situation. Howard says he did not have a goal during the attack, but he has unconsciously been thinking about raping her from the weeks before. He has been sexualzing Stacy ever since she turned him down by supplementing the strippers. Howard had a goal, without planning it ahead of time. He has been constantity waiting for the day to see her again and he took the opportunity because he knew he would probably never again. He made the choice of grabbing her and moving her to the alley. He had volition when he grabbed her and then dragged her by the hair instead of just leaving her be. Each of these actions he made the decision to do so, he knew what he was doing when drove off we her. Howard had free will to make decisions and his mood disorder did not prevent him from doing this. Howard had a regard for apprehension because he moved from the three witness before raping Stacy. Howard knew exactly what he was doing because when he was caught by the police, he admitted he did it. That means he knew it was legally wrong to rape her. Howard failed the volitional prong because he was making his own a decisions of taking steps in protecting
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